- 1 - HC-KAR NC: 2025:KHC:29810 WP No. 2310 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 2310 OF 2024 (GM-FC) BETWEEN: SRI NARAYANAPPA C., AGED ABOUT 63 YEARS, S/O LATE CHIKKAAMUNIYAPPA, R/AT NO. 12, GROUND FLOOR, SHAKTHI NAGAR, NEAR PLAGUE AMMA TEMPLE, TIN FACTORY, BENGALURU -560 016. …PETITIONER (BY SRI. HARINATH M.S., ADVOCATE) AND: SMT.YASHODA AGED ABOUT 57 YEARS, W/O NARAYANAPPA C., R/AT DOOR NO. 11, BHAJANE MANDIR, A NRAYANAPURA, DOORAVANI NAGARA, BENGALURU 560 016. AND ALSO AT SMT.YASHODA, AGED ABOUT 57 YEARS, W/O NARYANAPPA, C R/AT DOOR NO. 89/2, NEAR ST. JUDE CHURCH, A.NARAYANAPURA, BENGALURU -560 016. …RESPONDENT (BY SRI. G.B.NANDISH GOWDA, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29810 WP No. 2310 of 2024 RECORDS AND TO SET ASIDE THE ORDERS DATED 30/01/2023 AT ANNEXURE-A PASSED BY THE HONBLE IVTH ADDL PRL. JUDGE FAMILY JUDGE, AT BENGALURU IN CRIMINAL MISCELLANEOUS PETITION NO. 221/2020 IN PASSING THE INTERIM MAINTENANCE BY CONSIDERING THE IA NO. 2 WHICH IS FILED UNDER SECTION 125 OF CR.P.C. BY ALLOWING THIS WP AND GRANT SUCH OTHER RELIEFS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in I.A.No.2 in Crl.Misc.No.221/2020 dated 30.01.2023 by the IV Addl. Principal Judge, Family Court, Bengaluru whereby the Family Court had granted interim maintenance of an amount of Rs.20,000/- per month to the wife, the husband is before this Court. 2. The parties are referred to as husband and wife for the sake of convenience. 3. Learned counsel appearing for the petitioner/ husband submits that the wife had approached the Family Court with all suppression and misrepresentation of facts. He has drawn the attention of the Court to a sale deed dated 05.05.2022 whereby she had sold the property and received - 3 - HC-KAR NC: 2025:KHC:29810 WP No. 2310 of 2024 sale consideration of an amount of Rs.72,00,000/- and the statement of assets and liabilities were filed on 12.09.2022, in that she failed to disclose the said fact. It is submitted that she is an income tax assessee and in fact, in the sale deed the PAN number is given, but when it comes to the statement of assets and liabilities she had not filed the income tax returns. It is further submitted that the wife is having building and from that she is deriving the rental income. Even that aspect was also not considered by the Family Court. It is submitted that at every stage there are suppression and misrepresentation of facts and in the light of the law laid down by the Hon’ble Apex Court in the case of Rajnesh vs. Neha1, the wife is not entitled for any kind of relief from the Court when she has come before the Court with suppression and misrepresentation of facts. 4. Learned counsel appearing for the respondent/wife submits that he has filed vakalath recently and if required, he would come up with the additional documents. It is submitted that she is a dialysis patient and she is suffering with several ailments and in fact she requires the money. She had disclosed about the income of an amount of Rs.30,000/- per month from 1 AIR 2021 SC 569 - 4 - HC-KAR NC: 2025:KHC:29810 WP No. 2310 of 2024 the rents. It is submitted that the order passed by the Family Court is a well considered one and no interference is called for. 5. Having heard the learned counsels on either side, perused the material on record. This Court had perused all the documents where the learned counsel for the petitioner has drawn the attention of this Court. On the face of it, it appears that the respondent had suppressed several factors and filed the statement of assets and liabilities. In fact, this is a case where the order needs to be set aside by imposing exemplary costs on the respondent. However, considering the medical condition of the respondent/wife, this Court deems it appropriate to set aside this order and remand the matter to the Family Court for fresh consideration. Accordingly, this Court is passing the following: ORDER i. The impugned order passed in I.A.No.2 in Crl.Misc.No.221/2020 dated 30.01.2023 by the IV Addl. Principal Judge, Family Court, Bengaluru is set aside and the matter is remanded back to the Family Court. - 5 - HC-KAR NC: 2025:KHC:29810 WP No. 2310 of 2024 ii. The wife shall file her fresh statement of assets and liabilities before the Family Court within 10 days from the date of receipt of copy of the order. In that, all the bank accounts that are referred in the sale deed, the income tax returns and all the details have to be disclosed. iii. If again the petitioner comes with suppression of the material facts, then the Family Court shall take a serious view of the same. iv. Accordingly, the writ petition is allowed. v. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 2 Sl No.: 35